France

Since October 1, 2022, new obligations relating to the warranties of conformity and of hidden defects, as well as new warranties for digital content and services, have come into force and require the update of the consumer Terms and Conditions.

Context

The changes were made by the decree n°2022-946 of June 29, 2022, “relating to the statutory warranty of conformity for goods, digital content and digital services,” which came into effect on October 1, 2022.

This decree revises and completes the regulatory provisions of the French consumer code following the reform carried out by Ordinance No. 2021-1247 of September 29, 2021, which transposed European Directives (EU) 2019/770 “on certain aspects concerning contracts for the supply of digital content and digital services” and (EU) 2019/771 “on certain aspects concerning contracts for the sale of goods.”

The objective of these texts is to modernize the statutory warranty of conformity and consumer contracts to strengthen consumer protection and create a statutory warranty for the provision of digital content or digital services.Continue Reading Have You Updated Your French B2C T&Cs Yet?

On October 20, 2022, the French data protection authority (the CNIL) announced a €20 million fine against Clearview AI Inc. (Clearview) for its processing of facial images of individuals residing in France. This is the fourth fine Clearview has received (so far) in Europe. It wraps up the investigation dating back to 2020, when the CNIL started the procedure based on multiple complaints from individuals and activist groups.
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The French data protection authority, the CNIL, has published its annual report for 2021 (in French)  which contains some useful information and figures notably on complaints, investigations and sanctions as well as standards of references issued by the CNIL in relation to specific processing activities.

  1. Complaints, Investigations and Sanctions

Complaints

In 2021, the CNIL received…

By amending the “Sapin II” law, France has become the fourth EU country to transpose the EU Whistleblower Directive as of 21 March 2022, following Denmark, Sweden and Portugal.

Sapin II introduced, in December 2016, mandatory whistleblowing schemes (amongst other things) for certain private and public sector organisations.

Scope

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On February 15, 2022, the European Data Protection Board (“EDPB”) issued a press release announcing the launch of its first coordinated enforcement action, under the Coordinated Enforcement Framework (“CEF”) established in 2020 (see section 3 below). The initiative will focus on the use of Cloud based services by the public sector and will involve 22…

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